The Horticulture industry last week welcomed news following a ruling from the High Court of Australia regarding piece rates.

The High Court refused the Fair Work Ombudsman’s (FWO) special leave application, in which they sought permission to lodge an appeal against the split decision of the Federal Court in Fair Work Ombudsman v Hu & Ors (the Marland Mushrooms case).

Under the Horticulture Award, piece work rates are fixed by agreement, between the employer and the employee, at a rate that enables the average, competent worker to earn at least 15 per cent more than the minimum hourly rate.

The ruling means the FWO cannot appeal the decision on piece rate work.

AUSVEG believes this is an important win for horticulture.

AUSVEG and other members of the National Farmers Federation Horticulture Council gave financial support to help with legal costs while the Australian Farmers Fighting Fund also assisted.

This matter is now effectively settled with the Fair Work Ombudsman having no further avenue to pursue it.